Legal Opinion

Pearce v. McIntyre

Supreme Court of Missouri

Decided January 15, 1860PublishedCited by 4 opinions

Appeal from Holt Circuit Court. This was an action to recover tbe value of carpentry work alleged to have been done by plaintiff for defendant.

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Appeal from Holt Circuit Court. This was an action to recover tbe value of carpentry work alleged to have been done by plaintiff for defendant. The plaintiff set forth in his petition a submission by plaintiff and defendant of the value of the said work to arbitration and an award made under said submission by which, as was alleged, it was adjudged and awarded that the sum of 1801.79 was “ due to plaintiff by said defendant for work and labor done at the special instance and request of said defendant.” Plaintiff also claimed in his petition the value of painting and glazing that had not been…

1Opinion of the CourtScott, Judge

It must be obvious that the action of the inferior courts on motions to strike out parts of the pleadings in a cause can not be reviewed in this court, unless such motions designate the portions to be stricken out in some other mode than by reference to the pages and lines of the original record, as these never correspond with the pages and lines of the transcript filed here, so that it is impossible to ascertain the parts of the pleadings to which the motion refers. Motions to strike out parts of the pleadings should contain the parts sought to be stricken out, or they should be designated…

2Cited by4 opinions

  1. State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
  2. Jackson v. BowlesSupreme Court of Missouri · 1878
  3. Martin v. JonesSupreme Court of Missouri · 1880
  4. J. M. Anderson & Co. v. StapelMissouri Court of Appeals · 1899

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